Section 335 — Resource Management Act 1991: Content and effect of warrant for entry for search

335 Content and effect of warrant for entry for search (1) Every warrant under section 334 shall be directed to and executed by— (a) Any specified constable; or (b) Any specified enforcement officer when accompanied by a constable; or (c) Generally, every constable; or (d) Generally, every enforcement officer when accompanied by a constable. (2) Every warrant under section 334 shall authorise the person executing the warrant to— (a) Use such assistance as is necessary in the circumstances; and (b) Use such force both for making entry and for breaking open anything in, on, under, or over the place or vehicle as is reasonable in the circumstances; and (c) Search for and seize anything referred to in the warrant and, while at the place pursuant to the warrant, to seize any other thing that the person believes on reasonable grounds to be evidence in respect of which that person could have obtained a warrant under section 334 . (3) Every person called upon to assist in the execution of the warrant shall have the powers contained in subsection (2)(b) and (c) . (4) It shall be the duty of every person executing any warrant to— (a) Produce it for inspection upon initial entry and in response to any later reasonable request and, when requested, to provide a copy of the warrant no later than 7 days after the making of the request; or (b) If the owner or occupier is not present at the time of the entry and search, leave in a prominent position at the place or attached to the vehicle subject to the warrant, a written notice showing the date and time of the execution of the warrant, the name of the person in charge of the entry and search, and the address of the office where inquiries can be made; and (c) If the owner or occupier is not present at the time of the entry and search, inform the owner or occupier within 7 days, by written notice delivered, left in a prominent position, or sent by registered mail, of— (i) Anything seized upon execution of the warrant; and (ii) From where it was seized; and (iii) Where it is held,— unless a District Court Judge orders otherwise because of exceptional circumstances. (5) If the person executing the warrant believes leaving a notice as required under subsection (4)(b) would unduly prejudice subsequent investigations, that person may refrain from leaving a notice and apply to a District Court Judge within 7 days for confirmation of that decision. If such an application is refused, the person who executed the warrant shall notify or cause to be notified immediately the owner or occupier of the place or vehicle subject to the warrant of the particulars referred to in subsection (4) . Subsection (2)(c) was amended, as from 7 July 1993, by section 154 Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ section 334 ” for the words “ this section ” .